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2002
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION LEGISLATION AMENDMENT (MIGRATION
ADVICE INDUSTRY)
BILL 2002
EXPLANATORY
MEMORANDUM
(Circulated by authority of the
Minister for
Citizenship and Multicultural Affairs,
The Hon. Gary Hardgrave
MP)
MIGRATION LEGISLATION AMENDMENT (MIGRATION ADVICE INDUSTRY)
BILL
2002
OUTLINE
1. The Migration Legislation Amendment
(Migration Advice Industry) Bill 2002 (the Bill) amends the Migration Act
1958 (the Act) to ensure that statutory self-regulation of the migration
advice industry (the Industry) continues.
2. The Act provides a scheme for regulating the Industry and those who seek to practise as migration agents.
3. The 2001 - 02 Review of Statutory Self-Regulation of the Migration
Advice Industry (the Review) provided advice to the Government on, amongst
other matters, the Industry’s readiness for full self-regulation when the
current statutory scheme terminates on 21 March 2003.
4. The Review
concluded that the Industry was not sufficiently developed to warrant the
removal of that regulatory framework. It recommended that the scheme in the Act
continue by removing the sunset clause in section 333 which contains the 21
March 2003 termination date for the scheme.
5. The Government accepted
the Review’s recommendation in this regard. The amendment contained in
this Bill to remove the sunset clause from section 333 will ensure that the
current statutory self-regulation of the Industry continues past 21 March
2003.
6. This will allow the Migration Agents Registration Authority to
continue to regulate the Industry and to assist the Industry to make further
progress towards full self-regulation.
FINANCIAL IMPACT
STATEMENT
7. This amendment will have no direct financial impact as
it merely ensures the continuing statutory regulation of the Industry after 21
March 2003.
MIGRATION LEGISLATION AMENDMENT (MIGRATION ADVICE INDUSTRY)
BILL
2002
NOTES ON INDIVIDUAL CLAUSES
Clause
1 Short title
1. The short title by which this Act may be
cited is the Migration Legislation Amendment (Migration Advice Industry) Act
2002.
Clause 2 Commencement
2. This clause
provides that this Act commences on the day on which it receives the Royal
Assent.
Clause 3 Schedule(s)
3. This clause provides that each Act specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned. In addition, any other item in a Schedule to this Act has effect according to its terms.
Item 1 Division 7 of Part 3
4. This item omits Division 7 of Part 3 of the Act. Division 7 only contains
section 333. Section 333 provides a sunset clause for the statutory
self-regulation of the migration advice industry, which effectively terminates
that statutory scheme on 21 March 2003 (subsection 333(1) refers). This item
removes section 333, to ensure that the current statutory self-regulation scheme
for the migration advice industry continues past 21 March 2003.